MATRIMONIAL REGIMES

Matrimonial Regimes, including Partition of Community Property and Settlement of Claims Arising from Matrimonial Regimes

This section includes:

Classification of assets (and obligations): community or separate
Fruits of community v. fruits of separate
Fruits v. earnings
Other fruits
Classification: Inheritance
Classification: Donations
Property Damage
Personal Injury Award
Assets Acquired over Time
Social Security (and other Federal Law)
Classification: Acquisitions of community or separate
Estoppel
Presumption of Community
Rebutting presumption of community
Presumption: Succession
Presumption: Donation
Presumption: Acquisitions before and after regime

Partition of Existing Community
Reinvestment and/or comingling
Management of Community Property
Incurring Liabilities
Causes of Termination: divorce judgment, separate property judgment, declaration of death, matrimonial agreement
Effect of termination of community
Classification of obligations
Reimbursement: satisfying obligation, improving property
Accession
Sep Prop Improvements
Common Labor Improvements
Accounting
Extrajudicial Partition
Judicial Partition
Conflict of Laws
Taxes

MATRIMONIAL REGIMES

Matrimonial Regimes

CLASSIFICATION OF ASSETS (AND OBLIGATIONS): COMMUNITY

The focus is usually on the nature of the asset or obligation, time of acquisition or incurrence and the nature of the transaction.

CLASSIFICATION OF ASSETS (AND OBLIGATIONS): SEPARATE

Sometimes property passes to one spouse as separate property during the marriage, and of course the property the spouses have prior to marriage is separate unless otherwise agreed upon.